IMPORTANT POINT
The judgment establishes the principle that the court has the power to intervene in election matters to prevent miscarriage of justice and uphold the integrity of the electoral process.

JUDGMENT :

Amrita Sinha, J.

1. The petitioner contested the Panchayat General Elections, 2023. On the allegation of merciless beating, snatching and looting of ballot papers in the midst of counting of votes at the instance of the supporters of the ruling dispensation, a complaint was lodged before the State Election Commission and the Panchayat Returning Officer. As the said complaint was not considered by the respondent authorities, she filed a writ petition before this Court being WPA 16653 of 2023. The said writ petition was disposed of on 14th July, 2023 directing the State Election Commission to enquire into the matter and take necessary remedial steps if the allegations of the petitioner are found to be true.

2. The State Election Commission enquired the matter and passed reasoned order on 24th July, 2023 which is impugned in the instant writ petition.

3. The Commission admits the allegation made by the petitioner. It mentions that the Commission conducted an enquiry through the Police and a report had been submitted to the Commission through the District Magistrate, Howrah. The District Magistrate reported that an incident of snatching of ballot papers took place on 11th July, 2023 at Table no. 1, Hall 12 of the counting venue. The report of the Sub-Divisional Officer, Howrah being the Panchayat Returning Officer and the Block Development Officer, Sankrail mentions that an Assistant Panchayat Returning Officer was in charge of the counting hall no. 12. The Observer instructed the counting officer not to proceed further with the counting but the counting officer issued Form 24 in contravention of the instruction of the Observer.

4. Noticing that the margin of difference of the first and the second candidate is less than the lost ballots, the Panchayat Returning Officer and the Block Development Officer requested permission of the State Election Commission for cancellation of the certificate given in Form 24. The State Election Commissioner has opined that the counting officer completed the counting defying the verbal instruction given by the Panchayat Returning Officer and the Block Development Officer and handed over the winning certificate to the respondent no. 10, Saima Jamadar.

5. The State Election Commissioner concluded that as the winning certificate had already been issued, accordingly, the legal remedy of the petitioner lies in filing an election petition under Section 79 of the West Bengal Panchayat Elections Act, 2003, hereinafter referred to as the ‘said Act’.

6. In the same breadth, the State Election Commissioner observed that non compliance of the order of the Panchayat Returning Officer will have to be probed into and appropriate action is to be taken. The District Magistrate has been directed to probe and take appropriate action and to report to the Commission the action taken within a period of fifteen days from the communication of the order.

7. The petitioner submits that as the allegation of snatching and looting of ballot papers at the time of counting from the counting table has been found to be correct and has been admitted by the Commission, accordingly, remedial measure by way of revoking the election certificate and conducting fresh election ought to have been taken by the Commission. Despite noticing the illegality committed at the behest of the private respondent the Commission ought not to have disposed of the complaint filed by the petitioner by observing that an election petition has to be filed for redressal of the grievance of the petitioner.

8. It has been submitted that to prevent injustice from being perpetrated, the State Election Commission ought to have directed cancellation of the election certificate with further direction to hold fresh election.

9. Prayer has been made to set aside the impugned order with consequential direction to cancel the election certificate issued in favour of the private respondent and thereafter hold fresh election.

10. Learned advocate representing the State resp